Terug naar Encyclopedie

Direct Action in the Procedure: From Summons to Judgment

The procedure for direct action includes summons, writ of summons, hearing, and judgment. Evidence such as medical reports is essential. Costs are recoverable upon success. (24 words)

1 min leestijd

Direct Action in the Procedure: From Summons to Judgment

Filing a direct action requires a structured legal procedure. After gathering evidence, you proceed directly against the insurer via the summons procedure at the sub-district court or district court.

Steps in the Procedure

  1. Registered summons: Send a formal letter with damage calculation and supporting documents.
  2. Summons: Have a bailiff serve the summons on the insurer (article 114 Rv).
  3. Hearing of parties: Both parties present their defenses; mediation is often possible.
  4. Pleadings and judgment: The judge awards a decision up to the insured amount.

Evidence and Expertise

Crucial are medical reports, appraisal reports, and witness statements. The insurer must respond within a reasonable term. In personal injury cases, the Wibaut norm applies for non-pecuniary damages. Costs: court fee approximately €85-€500, plus lawyer's fees which are often recoverable from the opposing party (article 6:96 BW). Success rate is high with clear liability, but in case of dispute, an expert report may be required. Prepare for possible interim applications for advances. (202 words)